HYBEAM is a provider of web hosting, e-mail, electronic commerce, domain name and application services, and offers CUSTOMERS, the means to acquire and disseminate public, private, commercial, and non-commercial information. HYBEAM shall not, as an ordinary practice, monitor the communications of CUSTOMER to ensure that they comply with this Policy or applicable law and does not take responsibility for any information on the HYBEAM System provided by CUSTOMER or CUSTOMER End-User. HYBEAM shall only access and disclose information as necessary or appropriate to: cooperate with law enforcement or other legal authorities; comply with applicable laws, regulations and government orders or requests; comply with legal or administrative proceedings where such information is relevant; operate or maintain the HYBEAM System, Services or Support Services; or protect itself or CUSTOMER and CUSTOMER End-Users.

If HYBEAM becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to: removing information; shutting down a website; implementing screening software designed to block offending transmissions; suspending or terminating access to the HYBEAM System and the provision of Services and Support Services; or taking any other action it deems appropriate.

HYBEAM has the right to directly take action against CUSTOMER or CUSTOMER End-User. Similarly, HYBEAM anticipates that CUSTOMER will cooperate with HYBEAM in any corrective or preventive action that HYBEAM deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of this Policy.

PLEASE READ CAREFULLY BEFORE USING OUR SERVICES.

A. ACCEPTANCE:

a. YOU AGREE TO REFRAIN FROM THE FOLLOWING EXAMPLES OF PROHIBITED CONDUCT;
b. IF YOU DO NOT AGREE TO ABIDE BY THIS POLICY PLEASE DO NOT USE OUR SERVICES.

CUSTOMER and CUSTOMER End-Users will violate this Policy if they engage in the following examples of prohibited activities while using the HYBEAM System:

(a) Spamming

(i) Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”)
(ii) Maintaining an open SMTP relay

(b) Facilitating a Violation of this Policy

(i) Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software

(c) Infringing Intellectual Property Rights

(i) Engaging in any activity that:

A(I) infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities
B(II) violates privacy, publicity, or other personal rights of others

(d) Obscene Speech or Materials

(i) Using HYBEAM’s System to advertise, transmit, store, post, display, or otherwise make available child pornography or other forms of pornography or obscene speech or material. HYBEAM shall notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through HYBEAM’s network

(e) Promoting Violence or Injury

(i) Advocating, promoting or providing assistance in carrying out violence or any other unlawful activity against any persons, animals or any governments, businesses or other entities
(ii) Describing or displaying a weapon, or parts of weapons, or manuals for assembling any weapon, including but not limited to firearms, ammunition, explosives, grenades, bombs and caustic or other dangerous substances
(ii)(i) Promoting products or services that involve a significant risk of death or injury to any persons, or damage to business or other entities or property

(f) Defamatory or Abusive Language

(i) Using HYBEAM’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language

(g) Forging of Headers

(i) Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message

(h) Illegal or Unauthorized Access to Other Computers or Networks

(i) Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking")
(ii) Engaging in any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity)

(i) Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities

(i) Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks
(ii) Engaging in activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment

(j) Export Control Violations

(i) Exporting encryption software over the Internet or otherwise, to points outside the United states or Canada

(k) Illegal Activities

(i) Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software

(l) Gambling

(i) Engaging in or promoting gambling

(m) Promoting Intoxicants

(i) Displaying or promoting any type(s) of intoxicant, alcoholic beverage, cigarettes or illegal substance

(n) Instructing others in Prohibited Activities

(i) Providing instructions with respect to any activities listed in (a) through (n) above

(o) Other Activities

(i) Engaging in any other activity, whether lawful or unlawful, that HYBEAM in its sole discretion determines to be harmful to End-Users, customers, operations, reputation, goodwill, or customer relations